Philippine bar exam questions 2007 (Civil Q10)

X. (10%)

For purposes of this question, assume all formalities and procedural requirements have been complied with. In 1970, Ramon and Dessa got married. Prior to their marriage, Ramon had a child, Anna. In 1971 and 1972, Ramon and Dessa legally adopted Cherry and Michelle, respectively. In 1973, Dessa died while giving birth to Larry. Anna had a child, Lia. Anna never married. Cherry, on the other hand, legally adopted Shelly. Larry had twins, Hans and Gretel, with his girlfriend, Fiona. In 2005, Anna, Larry, and Cherry died in a car accident. In 2007, Ramon died. Who may inherit from Ramon and who may not? Give your reasons briefly.

Philippine bar exam questions 2007 (Civil Q9)

IX. Multiple choice: Choose the right answer. (2% each)

1. The parties to a bailment are the: a.) bailor; b.) bailee; c.) comodatario; d.) all the above; 5. letters a and b

2. A deposit made in compliance with a legal obligation is: a) an extrajudicial deposit; b) a voluntary deposit; c.) a necessary deposit; d). a deposit with a warehouseman; e) letters a and b

3. A contract of antichresis is always: a). a written contract; b) a contract, with a stipulation that the debt will be paid through receipt of the fruits of an immovable; c) Involves the payment of interests, if owing; d.) All of the above; e) Letters a and b

4. An, assignee in a proceeding under the Insolvency Law does not have the duty of: a.) suing to recover the properties of the state of the insolvent debtor; b) selling property of the insolvent debtor; c) ensuring that a debtor corporation operate the business efficiently and effectively while the proceedings are pending; d.) collecting and discharging debts owed to the insolvent debtor.

5.In order to obtain approval of the proposed settlement of the debtor in an insolvency proceeding. a.) the court must initiate the proposal b). 2/3 of the number of creditors should agree to the settlement; c.) 3/5 of the number of creditors should agree to the settlement; d) 1/3 of the total debts must be represented by the approving creditors; e.) Letters a and b

Philippine bar exam questions 2007 (Civil Q8)

VIII. (10%)

In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting reminded Brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad and Jennifer broke up. While Brad was mending his broken heart, he met Angie and fell in love. Because the Picasso painting reminded Angie of him, Brad in his will bequeathed the painting to Angie. Brad died in 1995. Saddened by Brad’s death, Jennifer asked for the Picasso painting as a remembrance of him. Angie refused and claimed that Brad, in his will, bequeathed the painting to her. Is Angie correct? Why or why not?

Philippine bar exam questions 2007 (Civil Q7)

VII. Write "TRUE" if the statement is true or "FALSE" if the statement is false. If the statement is FALSE, state the reason. (2% each).

1. Roberta, a Filipino, 17 years of age, without the knowledge of his parents, can acquire a house in Australia because Australian Laws allow aliens to acquire property from the age of 16.

2. If a man commits several acts of sexual infidelity, particularly in 2002, 2003, 2004, 2005, the prescriptive period to file for legal separation runs from 2002.

3. An individual, While single, purchases a house and lot in 1990 and borrows money in 1992 to repair it. In 1995, such individual gets married while the debt is still being paid. After the marriage, the debt is still the responsibility of such individual.

4. The day after John and Marsha got married, John told her that he was impotent. Marsha continued to live with John for 2 years. Marsha is now estopped from filing an annulment case against John.

5. Amor gave birth to Thelma when she was 15 years old. Thereafter, Amor met David and they got married when she was 20 years old. David had a son, Julian, with his ex-girlfriend Sandra. Julian and Thelma can get married.

Philippine bar exam questions 2007 (Civil Q6)

VI. (10%)

Clara, thinking of her mortality, drafted a will and asked Roberta, Hannah, Luisa and Benjamin to be witnesses. During the day of the signing of her will, Clara fell down the stairs and broke both her arms. Coming from the hospital, Clara insisted on signing her will by thumb mark and said that she can sign her full name later. While the will was being signed, Roberta experienced a stomach ache and kept going to the restroom for long periods of time. Hannah, while waiting for her turn to sign the will, was reading the 7th Harry Potter book on the couch, beside the table on which everyone was signing. Benjamin, aside from witnessing the will, also offered to notarize it. A week after, Clara was run over by a drunk driver while crossing the street in Greenbelt. May the will of Clara be admitted to probate? Give your reasons briefly.

Philippine bar exam questions 2007 (Civil Q5)

V. (10%)

What are obligations without an agreement"? Give five examples of situations giving rise to this type of obligations?

Philippine bar exam questions 2007 (Civil Q4)

IV. (10%)

Bedrock Land & Property Development Corp. is a development company engaged in developing and selling subdivisions, condominium units and industrial estates. In order to replenish its inventories, it embarked on an aggressive land banking program. It employed "scouts" who roam all over the Philippines to look for and conduct investigations on prospective sites for acquisition and development, whether developed, semi-developed or raw land. The management of Bedrock asks you as the company counsel to prepare a manual containing a summary of the pertinent laws and regulations relating to land registration and acquisition of title to land. The manual should include the following items:

1. What is the governing law?

2. What properties are not registrable? Supply this information.

Philippine bar exam questions 2007 (Civil Q3)

III. Explain the following concepts and doctrines and give an example of each:

1. concept of trust de son tort (constructive trust) (5%)

2. doctrine of discovered peril (last clear chance) (5%)

Philippine bar exam questions 2007 (Civil Q2)

II. (10%)

Manila Petroleum Co. owned and operated a petroleum operation facility off the coast of Manila. The facility was located on a floating platform made of wood and metal, upon which was permanently attached the heavy equipment for the petroleum operations and living quarters of the crew. The floating platform likewise contained a garden area, where trees, plants and flowers were planted. The platform was tethered to a ship, the MV 101, which was anchored to the seabed.

Philippine bar exam questions 2007 (Civil Q1)

I. Distinguish the following concepts:

1. Occupation v. possession. (5%)

2. Illegal and impossible conditions in a simple donation v. illegal and impossible conditions in an onerous donation. (5%)

Philippine bar exam questions 2007(Q20-LABOR)

XX. (5 POINTS)

AB, a non-resident American, seeks entry to the country to work as Vice-President of a local telecommunications company. You are with the Department of Labor and Employment (DOLE). What permit, if any, can the DOLE issue so that AB can assume as Vice-President in the telecommunications company? Discuss fully.

Philippine bar exam questions 2007(Q19-LABOR)

XIX. (5 POINTS)

Cite five grounds for disciplinary action by the Philippine Overseas Employment Administration (POEA) against overseas workers.

Philippine bar exam questions 2007(Q18-LABOR)

XVIII. (5 POINTS)

Inday was employed by mining company X to perform laundry service at its staffhouse. While attending to her assigned task, she slipped and hit her back on a stone. Unable to continue with her work, she was permitted to go on leave for medication, but thereafter she was not allowed to return to work. She filed a complaint for illegal dismissal but her employer X contended that Inday was not a regular employee but a mere househelp. Decide.

Philippine bar exam questions 2007(Q17-LABOR)

XVII. (5 POINTS)

P.D. 1508 requires the submission of disputes before the Barangay Lupong Tagapamayapa prior to the filing of cases with the courts or other government bodies. May this decree be used to defeat a labor case filed directly with the Labor Arbiter? Discuss fully.

Philippine bar exam questions 2007(Q16-LABOR)

XVI. (5 POINTS)

A carpenter is employed by a private university in Manila. Is the carpenter a regular or a casual employee? Discuss fully.

Philippine bar exam questions 2007(Q15-LABOR)

XV. (5 POINTS)

Some officers and rank-and-file members of the union staged an illegal strike. Their employer wants all the strikers dismissed. As the lawyer, what will you advise the employer? Discuss fully.

Philippine bar exam questions 2007(Q14-LABOR)

XIV. 5 POINTS

AB, single and living-in with CD (a married man), is pregnant with her fifth child. She applied for maternity leave but her employer refused the application because she is not married. Who is right? Decide.

Philippine bar exam questions 2007(Q13-LABOR)

XIII. 5 POINTS

May a decision of the Labor Arbiter which has become final and executory be novated through a compromise agreement of the parties?

Philippine bar exam questions 2007(Q12-LABOR)

XII. (5 POINTS)

12. a) How do you execute a labor judgment which, on appeal, had become final and executory? Discuss fully.

b) Cite two instances when an order of execution may be appealed.

Philippine bar exam questions 2007(Q11-LABOR)

XI. (5 POINTS)

11. a) As a rule, when is retirement due?

b) When is retirement due for underground miners?

Philippine bar exam questions 2007(Q10-LABOR)

X. (5 POINTS)

Discuss briefly the instances when non-compliance by the employer with a reinstatement order of an illegally dismissed employee is allowed.

Philippine bar exam questions 2007(Q9-LABOR)

IX. (5 POINTS)

Discuss the legal requirements of a valid strike

Philippine bar exam questions 2007(Q8-LABOR)

VIII. (5 POINTS)

Discuss in full the jurisdiction over the civil and criminal aspects of a case involving an unfair labor practice for which a charge is pending with the Department of Labor and Employment.

Philippine bar exam questions 2007(Q7-LABOR)

VII. (5 POINTS)
7. a) May the NLRC or the courts take jurisdictional cognizance over compromise agreements/ settlements involving labor matters?

b) How sacrosanct are statements/data made at conciliation proceedings in the Department of Labor and Employment? What is the philosophy behind your answer?

Philippine bar exam questions 2007(Q6-LABOR)

VI. (5 POINTS)

Procedurally, how do you stay a decision, award or order of the Labor Arbiter? Discuss fully.

Philippine bar exam questions 2007(Q5-LABOR)

V. (5 POINTS)

May non-lawyers appear before the NLRC or Labor Arbiter?

May they charge attorney’s fee for such appearance provided it is charged against union funds and in an amount freely agreed upon by the parties? Discuss fully.

Philippine bar exam questions 2007(Q4-LABOR)

IV. (5 POINTS) 4. Explain:

a) The Globe Doctrine.

b) The Community of Interest Rule.

Philippine bar exam questions 2007(Q3-LABOR)

III. (5 POINTS)
3.

a) Discuss the types of illegal recruitment under the Labor Code.

b) In initiating actions against alleged illegal recruiters, may the Secretary of Labor and Employment issue search and arrest warrants?

Philippine bar exam questions 2007(Q2-LABOR)

II. (5 POINTS)

2. a) Discuss the statutory restrictions on the employment of minors?

b) May a househelp be assigned to non-household work?

Philippine bar exam questions 2008(Q1-LABOR)

. (5 POINTS)

1. a) What is the principle of codetermination?

b) What, if any, is the basis under the Constitution for adopting it?

Philippine bar exam questions 2007 ( POLI Q10)

X. (10 POINTS)

The Supreme Court has provided a formula for allocating seats for party-list representatives.

(a) The twenty percent allocation – the combined number of all party-list congressmen shall not exceed twenty percent of the total membership of the House of Representatives, including those elected under the party list;

(b) The two percent threshold – only those parties garnering a minimum of two percent of the total valid votes cast for the party-list system are "qualified" to have a seat in the House of Representatives;

(c) The three-seat limit – each qualified party, regardless of the number of votes it actually obtained, is entitled to a maximum of three seats; that is, one "qualifying" and two additional seats; and

(d) The first-party rule – additional seats which a qualified party is entitled to shall be determined in relation to the total number of votes garnered by the party with the highest number of votes. For each of these rules, state the constitutional or legal basis, if any, and the purpose.

Philippine bar exam questions 2007 ( POLI Q9)

IX. (10 POINTS)

The Department of Education (DepEd) requires that any school applying for a tuition fee increase must, as a condition for the increase, offer full tuition scholarships to students from low-income families. The Sagrada Familia Elementary School is a Catholic school and has applied for a tuition fee increase. Under this regulation by the DepEd, it will end up giving tuition scholarships to a total of 21 students next year. At a cost of P50,000 per student, the school will lose a total of P1.05 million for next year.

(a) Is this DepEd requirement valid?

(b) If instead the DepEd requires a full tuition scholarship for the highest ranking students in each grade, determined solely on the basis of academic grades and rank, will the DepEd requirement be valid?

Philippine bar exam questions 2007 ( POLI Q8)

VIII. (10 POINTS)

The Provincial Governor of Bataan requested the Department of Budget and Management (DBM) to release its Internal Revenue Allocation (IRA) of P100 million for the current budget year. However, the General Appropriations Act provided that the IRA may be released only if the province meets certain conditions as determined by an Oversight Council created by the President.

(a) Is this requirement valid?

(b) The Provincial Governor is a party-mate of the President. May the Bataan Representative instead file a petition to compel the DBM to release the funds?

Philippine bar exam questions 2007 ( POLI Q7)

VII. (10 POINTS)

Batas Pambansa 880, the Public Assembly Law of 1985, regulates the conduct of all protest rallies in the Philippines.

(a) Salakay, Bayan! held a protest rally and planned to march from Quezon City to Luneta in Manila. They received a permit from the Mayor of Quezon City, but not from the Mayor of Manila. They were able to march in Quezon City and up to the boundary separating it from the City of Manila. Three meters after crossing the boundary, the Manila Police stopped them for posing a danger to public safety. Was this a valid exercise of police power?

(b) The security police of the Southern Luzon Expressway spotted a caravan of 20 vehicles, with paper banners taped on their sides and protesting graft and corruption in government. They were driving at 50 kilometers per hour in a 40-90 kilometers per hour zone. Some banners had been blown off by the wind, and posed a hazard to other motorists. They were stopped by the security police. The protesters then proceeded to march instead, sandwiched between the caravan vehicles. They were also stopped by the security force. May the security police validly stop the vehicles and the marchers?

Philippine bar exam questions 2007 ( POLI Q6)

VI. (10 POINTS) True or False.

Briefly explain your answer.

(a) An amendment to the Constitution shall be valid upon a vote of three-fourths of all the Members of the Congress.

(b) All public officers and employees shall take an oath to uphold and defend the Constitution

Philippine bar exam questions 2007 ( POLI Q5)

V. (10 POINTS)

The Destilleria Felipe Segundo is famous for its 15-year old rum, which it has produced and marketed successfully for the past 70 years. Its latest commercial advertisement uses the line: “Nakatikim ka na ba ng kinse anyos?” Very soon, activist groups promoting women’s and children’s rights were up in arms against the advertisement.

(a) All advertising companies in the Philippines have formed an association, the Philippine Advertising Council, and have agreed to abide by all the ethical guidelines and decisions by the Council. In response to the protests, the Council orders the pull-out of the “kinse anyos” advertising campaign. Can Destilleria Felipe Segundo claim that its constitutional rights are thus infringed?

(b) One of the militant groups, the Amazing Amazonas, call on all government-owned and controlled corporations (GOCC) to boycott any newspaper, radio or TV station that carries the “kinse anyos” advertisements. They call on all government nominees in sequestered corporations to block any advertising funds allocated for any such newspaper, radio or TV station. Can the GOCCs and sequestered corporations validly comply?

Philippine bar exam questions 2007 ( POLI Q4)

IV - (10 POINTS)

In 1993, historians confirmed that during World War II, "comfort women" were forced into serving the Japanese military. These women were either abducted or lured by false promises of jobs as cooks or waitresses, and eventually forced against their will to have sex with Japanese soldiers on a daily basis during the course of the war, and often suffered from severe beatings and venereal diseases. The Japanese government contends that the "comfort stations" were run as "onsite military brothels" (or prostitution houses) by private operators, and not by the Japanese military. There were many Filipina "comfort women."

1. Name at least one basic principle or norm of international humanitarian law that was violated by the Japanese military in the treatment of the "comfort women."

2. The surviving Filipina "comfort women" demand that the Japanese government apologize and pay them compensation. However, under the 1951 San Francisco Peace Agreement -the legal instrument that ended the state of war between Japan and the Allied Forces -all the injured states, including the Philippines, received war reparations and, in return, waived all claims against Japan arising from the war. Is that a valid defense?

3. The surviving Filipina "comfort women" sue the Japanese government for damages before Philippine courts. Will that case prosper?

Philippine bar exam questions 2007 ( POLI Q3)

III - (10 POINTS)

Lawrence is a Filipino computer expert based in Manila who invented a virus that destroys all the files stored in a computer. Assume that in May 2005, this virus spread all over the world and caused $50 million in damage to property in the United States, and that in June 2005, he was criminally charged before United States courts under their anti-hacker law. Assume that in July 2005, the Philippines adopted its own anti-hacker law, to strengthen existing sanctions already provided against damage to property. The United States has requested the Philippines to extradite him to US courts under the RP-US Extradition Treaty.

1. Is the Philippines under an obligation to extradite Lawrence? State the applicable rule and its rationale.

2. Assume that the extradition request was made after the Philippines adopted its anti-hacker legislation. Will that change your answer?

Philippine bar exam questions 2007 ( POLI Q2)

II. (10 POINTS)

The City Mayor issues an Executive Order declaring that the city promotes responsible parenthood and upholds natural family planning. He prohibits all hospitals operated by the city from prescribing the use of artificial methods of contraception, including condoms, pills, intrauterine devices and surgical sterilization. As a result, poor women in his city lost their access to affordable family planning programs. Private clinics, however, continue to render family planning counsel and devices to paying clients.

(a) Is the Executive Order in any way constitutionally infirm? Explain.

(b) Is the Philippines in breach of any obligation under international law? Explain.

(c) May the Commission on Human Rights order the Mayor to stop the implementation of the Executive Order? Explain.

Philippine bar exam questions 2007 ( POLI Q1)

I. (10 POINTS)

True or False. Briefly explain your answer.

(a) For purposes of communication and instruction, the official languages of the Philippines, until otherwise provided by law, are Filipino and English.

(b) The 1987 Constitution has increased the scope of academic freedom recognized under the previous Constitution.

How to call US and Canada landline for free!!!!

Long time ago, calling abroad is very expensive, but now ,if you have internet connection you can contact your friends in US and CANADA for free...

First thing to do is know the landline number of your contacts in US and in Canada.Then, download an I CALL account and install it your pc. Once installed, you can start calling the number of your contact in US and in Canada. Remember, since this is free account this will be cut every five minutes, but all you have to do is dial again every five minute interval. Enjoy and feedback us your insights.

How to locate long lost friends ie thru friendster

This modern world one can communicate with our friends in just clicking with our phones and texting our friends.Gentlemen,what if the one you want to find is your long lost friend and you do not know where is he right now? What if you want to know the status or your x whom you separated for quiet a time? Or you want to maintain contacts of your bestfriends but you do not know where the hell are these guys right now. These questions can be answered by using the internet in a simple way.

The following sequence are things to do in locating your old buddies and maintaining contacts with them:

1. First, get all available data of your long lost friend whom you want to locate.
2. Used the internet as your tool to help you locate your target.
3. Try to have an account on social networking group like, yahoo messenger,friendster, facebook etc,. but let's friendster as example because it is famous .
4. Now you want to know where your friends are and you have your friendster account as our example.
5. Once you have a friendster account, you can start entering the name of your target on the search portion at the upper middle of your friendster account , be sure to press the google so that the display may changed to friendster.
6. Enter the name of your target and enter search.If it finds a name try to see the face if the person is the same person your searching for.
7. In case you cannot find the target,change the setting on search portion from email or name to location,hobby,affiliations,books,web,TV shows,school music,
8. Remember each of this type are group of people arranged based on the same category or the same orientation.
9. Now one by one changed setting from email to lccation,book,school etc, trying if this gonna work.
10. If you know the placed of residence of your target try to enter the search by location, you may invite to connect you some of his neighbors for possible information as to the whereabouts of your target.
11. Remember that signing up for friendster account needs email address, so email address is vital in signing account for friendster.
12. Remember also that having a friendster account include some personal informations which can be a good source of information.
13. Nowadays, people really likes to maintain contacts with their friends, and oneway of doing it is joining social networking such as yahoo messenger , friendster,etc,.
14. If you locate the target you may invite him to stay connected with you for possible future contact.
15. In case all these fails, let's try to be innovative, why not try using yahoo messenger and other networking sites for possible contact.
16. This style can even be used if you are trying to monitor your crush.
17. If you see someone that catches your attention why not trying to find her name.
18. Search it on friendster and if found, invite for connection and send friendly messages.
19. Once you find your target, create yahoo group so that you can communicate via group to all of your friends even on a single text.

Joke Time (7)

Pedro was doing his National achievement test examination. He was almost done when he got stucked with the last question. He thought that the instruction is a bit silly but decided to do it anyway. He started to take out his shirt, pants, shoes and socks leaving only his underwear. When his teacher saw this, she got a rude shock and screamed "Pedrol!! What do you think you are doing??!!"
Pedro confidently replied, "But madam, the instruction says, answer in brief!".





*********************************************

BSA batch 1999 UB (8)

SWING

The term "swing dance" commonly refers to a group of dances that developed concurrently with the swing style of jazz music in the 1920s, '30s and '40s, although the earliest of these dance forms predate swing jazz music. The best known of these dances is the Lindy Hop, a popular partner dance that originated in Harlem and is still danced today. While the majority of swing dances began in African American communities as vernacular African American dances, a number of forms (Balboa, for example) developed within Anglo-American or other ethnic group communities.

Swing jazz features the syncopated timing associated with African American and West African music and dance — a combination of crotchets and quavers (quarter notes and eighth notes) that many swing dancers interpret as 'triple steps' and 'steps' — yet also introduces changes in the way these rhythms were played — a distinct delay or 'relaxed' approach to timing.
Today there are swing dance scenes in many developed countries throughout the world. Lindy Hop is often the most popular, though each city and country varies preferences various dances in different degrees. Each local swing dance community has a distinct local culture and defines "swing dance" and the "appropriate" music to accompany it in different ways.

SOURCE: http://en.wikipedia.org/wiki/Swing_dance

BSA batch 1999 UB (9)

This one?

or this one?

which is which? hehehe joke!!! maka

wa jud ko kita sa photographer hehehe!!!!

PARES2X

This video is unedited for it contains material that is for "ADULTS ALSO"

BSA batch 1999 UB (7)

BSA batch 1999 UB (6)

Dancing guru of all time!!

ops hinay kay dangug hehehhe

swing

salamin salamin who is the prettiest among ,,,,,,,,,

pose!!!

niingon si Pilay kuhae ko stolen ha ? hehehhe joke

BSA batch 1999 UB (5)

Smile GM
oizt stolen na ha





























Picture 3x dalia kay gutom!!!!








































Posing 2x oi oi niapil pose ag iro!!!

Kapuso stars on pose!!!

Photography:

Kapamilya

BSA batch 1999 UB (4)

Bestbuds / bestfriend

Barkadahan

BSA batch 1999 UB (3)

BSA batch 1999 UB (2)

From left to right:

Cathy, Jasmin,Tots,Rowena

From left to right:

Joy,Sol,Ian,Yul

From left to right:

Gaylan,Melot,Pilay, Ian

Group picture

Melot and her daughter

BSA batch 1999 UB

Piskaya nila posing sa swimming pool oi....

Wet looking mommy este chicks

pose !!

ops lawoma oi

sige 1 2 3 4 5 6 say cheese!

Tan aw sa camera Gaylan!!!

Ops!!!

Melot's daughter

click pod na ads sa kilid kilid kay nako ge experiment hu!hu!hu!

My favorite airsoft part 1

HAMS IN ACTION (DX7BC)

DX7BC (PHOTOS) 1

Picture of 7JTE and & 7KIM(wearing red hat)

This is DW7BIK


















Man in white shirt is DU7BDS
DW7BGP standing sideview












This is 7ECA and his XYL Marjorie